(A) In an action brought against a contractor or subcontractor arising out of the construction of a dwelling, the claimant must, no later than ninety days before filing the action, serve a written notice of claim on the contractor. The notice of claim must contain the following:
(1) a statement that the claimant asserts a construction defect;
(2) a description of the claim or claims in reasonable detail sufficient to determine the general nature of the construction defect; and
(3) a description of any results of the defect, if known.
The contractor or subcontractor shall advise the claimant within fifteen days of receipt of the claim if the construction defect is not sufficiently stated and shall request clarification.
HISTORY: 2003 Act No. 82, Section 1.
Editor's Note
2003 Act No. 82, Section 2, provides as follows:
"This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 59 - Residential Home Builders
Section 40-59-5. Application of Chapter 1; conflicts.
Section 40-59-10. South Carolina Residential Builders Commission; membership; oath.
Section 40-59-20. Definitions.
Section 40-59-25. Roofing contract cancellation for insurance coverage denial.
Section 40-59-30. License requirement; enforcement of contracts; restraining orders.
Section 40-59-60. Additional commission operations.
Section 40-59-70. Promulgation of regulations.
Section 40-59-80. Investigation of complaints; initial complaints.
Section 40-59-90. Hearing before commission; notice; appearance; order; appeal.
Section 40-59-100. Cease and desist order; temporary restraining order.
Section 40-59-105. Administrative citations and penalties; appeal.
Section 40-59-115. Jurisdiction over actions of licensees and former licensees.
Section 40-59-130. Grounds for denial of license.
Section 40-59-140. Prior criminal record.
Section 40-59-150. Voluntary surrender of license.
Section 40-59-180. Collection and enforcement.
Section 40-59-190. Confidentiality.
Section 40-59-210. Cease and desist orders; penalties; injunction.
Section 40-59-230. Renewal; continuing education; notification of change of circumstances.
Section 40-59-270. Applicability of Chapter 11; exemption of mechanical contractor.
Section 40-59-290. Severability.
Section 40-59-400. Definitions.
Section 40-59-500. Definitions.
Section 40-59-510. Administration; roster of licensed home inspectors.
Section 40-59-520. Licensing requirement; licensing of business entity.
Section 40-59-530. Exceptions.
Section 40-59-540. Application; examination; regulations establishing minimum standards.
Section 40-59-550. Display of license; address changes; renewal; inactive status.
Section 40-59-560. Inspection reports; form; disclosure of scope and limitations.
Section 40-59-570. "Advertisement" defined.
Section 40-59-580. Denial, suspension, or revocation; civil penalties; hearing; appeal.
Section 40-59-590. Restrictions; appraisals and real estate activities.
Section 40-59-600. Penalties; actions to enforce contract; injunction.
Section 40-59-610. Regulations.
Section 40-59-620. Applicability of building code in effect at time of construction.
Section 40-59-810. Short Title.
Section 40-59-820. Definitions.
Section 40-59-830. Stay of action until compliance with article.
Section 40-59-840. Notice of claim; timing; contents; request for clarification.